29Restrictions on power to amend Schedule 3E+W
This section has no associated Explanatory Notes
(1)An order under section 28(2) may not omit the [Welsh Assembly Government or the National Assembly for Wales Commission] from Schedule 3.
(2)An order under section 28(2) may add a person to Schedule 3 only if—
(a)the person has functions dischargeable in relation to Wales or a part of Wales (whether or not the functions are also dischargeable otherwise than in relation to Wales),
(b)all or some of the person's functions are in a field in which the [Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh Assembly Government has,] functions, and
(c)the person falls within subsection (3), (4) or (5).
(3)A person falls within this subsection if—
(a)it is a body established by or under an enactment or by virtue of Her Majesty's prerogative or in any other way by a Minister of the Crown, a government department, the [Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government] or another listed authority,
(b)it is a body wholly or partly constituted by appointment made by Her Majesty, a Minister of the Crown, a government department, the [Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government] or another listed authority, and
(c)at least half of its expenditure on the discharge of its functions in relation to Wales is met [out of the Welsh Consolidated Fund or is met directly from payments made by other listed authorities].
(4)A person falls within this subsection if—
(a)it is a body established by or under an enactment, and
(b)it has power to issue a precept or a levy.
(5)A person falls within this subsection if—
(a)it appears to the [Welsh Ministers] that the person discharges functions of a public nature, and
(b)at least half of the person's expenditure on the discharge of those functions in relation to Wales is met [out of the Welsh Consolidated Fund or directly or indirectly from payments made by other listed authorities].
(6)An order under section 28(2) may not add to Schedule 3—
(a)a Special Health Authority discharging functions only or mainly in England;
(b)a person who carries on under national ownership an industry or undertaking or part of an industry or undertaking.